The legal situation of non-nationals serving as the members of the board of directors is different than that of a foreign citizen who is an “ordinary” employee. However, applicable regulations may overlap if such a member is also the company’s employee. – Kinga Polewka-Włoch and Oskar Kwiatkowski comment for Dziennik Gazeta Prawna.
Article: here.
Problems with distinguishing between contracts for specific work (o dzieło), contracts for commissioning services (zlecenia) and contracts for services (o świadczenie usług) may have consequences in terms of social insurance. A contract for specific work is not subject to obligatory social insurance contributions, unlike the two other types of contracts mentioned above. For this reason, a contract for specific work is often favoured by both parties to the contract. On the other hand, it is often challenged by the Social Insurance Institution (ZUS), who decides that the contract should, after all, be subject to social security contributions. – Łukasz Chruściel comments for Rzeczpospolita.
Article: here.
Employees who were dismissed for reasons that are not related to them (e.g., removal of a position) often appeal to court, demanding reinstatement or compensation, questioning, for example, the reason for dismissal. As a consequence of a favourable verdict for them, the reason why they received redundancy payment under the so-called group dismissals act also becomes invalid. Thus, the employer is entitled to claim reimbursement of the payment from the employee. – Paweł Sych comments for Rzeczpospolita.
Article: here.
Fast-paced life, dynamically changing global situation caused first by the outbreak of the coronavirus pandemic, and then by shift to remote or hybrid working, economic uncertainty, the outbreak of war, lead employees to various reflections, including whether they want to continue working for a particular employer. However, making such important decisions involves a significant amount of risk. The fear of making a mistake about changing jobs is often difficult to overcome, so employees often choose “the lesser of two evils” which is quiet quitting. – Katarzyna Witkowska-Pertkiewicz and Michalina Lewandowska-Alama comment for IT-Leaders.
Article: here.
After more than 2 years of dealing with pandemic, European countries are now shaken by record levels of inflation and flagging growth. To help households cope with this situation, which currently shows no sign of improving, governments and employers across Europe are adopting evolving policies. As a result of inflation, an increase in salary and benefits is expected or already occurring in the jurisdictions covered in this guide.
This guide helps multinational employers ascertain their legal obligations and options to mitigate the consequences of inflation on employees. Last updated on 20 October 2022, this report covers 13 key jurisdictions in Europe, addressing relevant questions, as follows:
If you would like to receive a full copy of this report, please get in touch with your usual contact at PCS Paruch Chruściel Schiffter Stępień Kanclerz | Littler or write at: perspektywhr@pcslegal.pl
This guide is for informational purposes only, and not intended to substitute for legal advice.
The Act of 12 March 2022 on aid to Ukrainian citizens in connection with armed conflict on the territory of Ukraine (Journal of Laws of 2022, item 583, amended) introduced a simplified procedure for legalization of employment of Ukrainians. Citizens of Ukraine are covered by the scope of this law, as well as their spouses, who do not have to be Ukrainian citizens, and immediate family of Ukrainians who hold the Polish Card. These persons may work in Poland on the basis notifications of assignment of work – Karolina Schiffter comments for Dziennik Gazeta Prawna.
Article: here.
Should the employer pay for the period when the employee is not working due to delay in applying for a work permit? Not providing work due to employer’s late application for work permit or renewal cannot be considered as downtime. However, this does not mean the employee cannot claim lost earnings from the employer. – Karolina Schiffter and Kamil Nazimek comment for Dziennik Gazeta Prawna.
Article: here.
The provisions of the so called “anti-covid” legislation introduced a new possibility to escape from the obligation to pay con-compete compensation. The employer is able to give seven days’ notice of termination of such agreement during the period of an epidemic or epidemic emergency. Significantly, art. 15gf of the special act does not introduce any other conditions for the possibility of termination (contrary to many other provisions of the special act which impose conditions for the application of certain solutions, e.g. a drop in revenue at a certain level). This would mean, that the legislator intentionally in this case did not indicate any reasons allowing for the termination of such agreement. – Paweł Sych comments for Rzeczpospolita.
Article: here.